Enforcement of right by a Civil suit.

The Judgment was delivered by :

The appellant is the plaintiff in the trial Court. The suit properties originally belonged to the appellant and three others. They endowed the same under the original of Ex. A-1 dated 27-4-1944 by way of trust to the Salvation Army for the purpose of organising and conducting congregation prayers in the mode and manner then being practised by the Christian community of Sambavaryadakarai. The then members of the Salvation Army also agreed to have the building conveyed to the Salvation Army so that the Christian paradhana as was then practised by the Christian community of Sambavarvadakarai may be conducted and continued in the premises as before. The respondents/defendants representing the Salvation Army are now in possession of the property. The practice of Christian community of Sambavarvadakarai consisted among others the following of baptism by immersion on personal confession of faith and the commemoration of the Lord's death in the breaking of bread on the first day of the week by way of worship in accordance with the practice and rituals adopted world over by Christianity of similar persuasion and sanctioned by the custom among the Christian community at Sambavaravandakarai. The appellant has been following the rituals and practices of baptism and the Lord's supper in the suit property for a long time. Now, the respondents are attempting to dissuade the members of the Christian community from following this practice claiming that this kind of worship is not followed by the Salvation Army. This conduct on the part of the respondents is wholly unwarranted. The Salvation Army accepted the gift on a specific condition of making the property available for the use of conducting the Christian aradhana namely aradhana or worship as then being practised in all its forms by the Christian community of Sambavarvadakarai. One Muthiah and Paul Raj instituted O.S. No. 20 of 1978 in a representative capacity in the Court of District Munsif, Shenocottah for injunction against the present respondents from interfering with the rituals and practices of the Christian community of Sambavarvadakarai. That suit was dismissed on 27-2-1979 on the preliminary issue of maintainability. That decision does not operate as res judicata in the present suit, which is one for a declaration that the appellant has the right to worship and follow the rituals and practices of the Christian community of Sambavarvadakarai in the suit property.

2. The respondents resisted the suit contending that the plaintiff has no locus standi to institute the suit. The decree in O.S. No. 20 of 1978 operates as res judicata to the present litigation. Under S. 9 of the C.P.C. the Civil Court has no jurisdiction to entertain the suit. Under Ex. A-1 the suit property was gifted to the Salvation Army which is now represented by the respondents for the purpose of conducting the Christian aradhana. It was not dedicated to the Christian community. At the time of the gift, the donors were in the Salvation Army. The Christian rituals mentioned in Ex. A-1 refer only to the practice allowed by the Salvation Army. That the endowment was for the purpose of conducting aradhana as was then practised by the Christians is not true. The Salvation Army never accepted baptism and the Lord's supper as essential rituals in Christianity. The Army did not practise the rituals of breaking of bread or distributing the pieces of bread, and wine to the members of the congregation as representing the flesh and blood of Jesus Christ. The concept of the worshippers consuming the flesh and blood of the Lord even if it be in a symbolical form was not approved by the Salvation Army. At no time, the rituals referred to in the plaint were conducted in the suit buildings. The gift was accepted by the Salvation Army only on the district understanding that the form of worship to be performed in the prayer hall would be in the Christian form as followed by the Salvation Arm